MURIC Commends SAN For Landmark Judgment On Shariah Marriages And Registry Disputes
The Muslim Rights Concern (MURIC) has praised Senior Advocate of Nigeria, Tajudeen Oladoja, for his pivotal role in securing a landmark judgment that recognizes the inheritance rights of women married under Shariah law, despite a husband’s marriage to another woman at the civil registry.
In a statement issued on Thursday, MURIC’s Founder and Executive Director, Professor Ishaq Akintola, lauded the judgment, which he described as a victory for Islamic marriage laws and the equitable distribution of inheritance among all parties involved.
The case centered around the death of Major Muhammed Arogun Adeniyi, a Nigerian Army officer who passed away on October 18, 2020. He was survived by three wives—one Christian and two Muslims. The controversy arose when his Christian wife, Evangelist Mrs. Olabisi Muhammed, married under the Marriage Act, claimed the entirety of his inheritance for herself and her daughter, excluding the other wives and children.
Following legal disputes in the Upper Area Court, Ilorin and later the Shariah Court of Appeal of Kwara State, the initial ruling was overturned in favor of the Christian wife, who argued that her statutory marriage entitled her and her daughter to all of her late husband’s assets. However, Oladoja filed an appeal at the Shariah Court of Appeal, Kano, which reversed the Kwara decision, reinstating the Islamic inheritance system.
The Court of Appeal delivered a unanimous judgment on August 23, 2024, directing that all assets of the late Major Adeniyi be distributed according to Islamic law, which ensures inheritance for all wives, children, and family members, regardless of the type of marriage conducted.
Professor Akintola emphasized the broader implications of this case, stating, “This judgment highlights the humane nature of Islamic Shariah, which ensures that all parties, including multiple wives, children, and elderly parents, benefit from the inheritance. Unlike the statutory system, which may exclude non-registered spouses, Shariah law guarantees fairness for all.”
The ruling also reinforced the distinct legal systems operating in Nigeria, including English Common Law, native law, and Islamic law. The court reiterated that marrying under the Marriage Act does not equate to renouncing one’s faith, affirming that Major Adeniyi’s Islamic faith remained intact despite his civil marriage to a Christian woman.
MURIC praised Tajudeen Oladoja, SAN, for his commitment to defending Islamic legal principles and securing justice for Muslim women who have historically been overlooked in inheritance matters. “Oladoja has carved a new path for Islamic legal interpretation, bringing much-needed relief to Muslim women affected by Nigeria’s colonial legal framework,” Akintola added.
The judgment is expected to spark further discussions on the intersection of statutory and Islamic marriages in Nigeria, providing clarity on the rights of Muslim women in inheritance cases involving mixed legal systems.
